Here are ten questions and answers about small claims court in Canada:
1. What is the maximum amount you can claim in small claims court?
A. Jurisdiction: Ontario Small Claims Court is a branch of the Superior Court of Justice and handles civil disputes involving maximum claim amounts up to $35,000. The court provides a simplified and cost-effective process for resolving disputes, making it accessible to individuals and businesses seeking to settle their legal issues without the need for a full trial.
2. Can I hire a lawyer to represent me in small claims court?
A. Representation: While individuals and corporations can represent themselves in this area of legal process, they can also choose to be represented by a licensed lawyer or a paralegal.
3. How long does it typically take for a case to be resolved in small claims court?
A. Process: This is designed to be less formal and more accessible than other court proceedings. Parties are encouraged to negotiate and settle their disputes through mediation or other alternative dispute resolution methods.
4. What is a demand letter, and do I need to send one before filing a claim?
A. Demand letter: This is a formal letter sent to a defendant, typically before any legal action is taken, to demand a specific action or remedy for an alleged wrongdoing. While it’s not always a legal requirement, sending a demand letter is often a wise initial step before initiating a lawsuit. It can demonstrate to the court that you’ve made a reasonable attempt to resolve the issue without litigation, which can be viewed favorably by a judge if the matter does proceed to court.
5. What types of evidence should I gather to support my case in small claims court?
A. You should gather any documents about the matter such as contracts, emails, invoices, or receipts, that support your claim. Witnesses may also be helpful.
6. Can I sue a business in small claims court?
A. Yes, when suing a business, you must use the correct legal name of the business entity. This is crucial for the proper identification of the defendant in the case. Using the correct legal name ensures that the business entity is properly served with the legal documents and that any judgment obtained is enforceable against the correct legal entity.
7. How long do I have to file a claim in small claims court?
A. Limitation Period: Generally, a claim must be filed within two years from the date the claim arose, although there are exceptions to this rule.
8. If I win my civil claim, am I guaranteed to get paid?
A. Enforcement: If a party obtains a judgment in their favor, they may need to take steps to enforce the judgment if the other party does not comply voluntarily. The court provides various enforcement mechanisms, such as garnishment of wages or seizure of assets.
9. Can I appeal a decision from small claims court?
A. Yes, you can appeal a decision from small claims court to a higher court if you believe there was a legal error. However, the grounds for appeal are limited.
10. Are there alternatives to going to court in a small claims case?
A. Yes, many small claims courts offer mediation services to help parties settle before going to trial. Mediation is voluntary and confidential.
11. Who presides at trial?
A. Trial: If a case goes to trial, it is usually heard by a Judge.
12. What do you call a Judge at trial?
A. Summary procedure in Ontario, judges are typically addressed as “Your Honour.” Justices of the peace (JPs) may be addressed as “Your Worship”.
13. Does the Small Claims Court charge any fees?
A. Costs: The fees for filing a claim and other court-related costs are generally lower in Small Claims compared to other courts.
Contact us now to learn more about small claims court in Ontario and how we can assist you with your lawsuit.